United Kingdom Case Commentaries

Independence of Domicile Assessments Across Tax Years: Gulliver v Revenue and Customs [2017] UKFTT 222 (TC)

Date: Mar 14, 2017

Independence of Domicile Assessments Across Tax Years: Gulliver v Revenue and Customs [2017] UKFTT 222 (TC) Introduction Gulliver v Revenue and Customs (Income Tax/Corporation Tax: Other) ([2017]...

Upper Tribunal Clarifies Interpretation of 'Safety' and 'Supervision' in PIP Assessments

Date: Mar 10, 2017

Upper Tribunal Clarifies Interpretation of 'Safety' and 'Supervision' in PIP Assessments Introduction The case of RJ, GMcL, and CS v Secretary of State for Work and Pensions (DWP) revolved around the...

Synectiv Ltd v Revenue and Customs: Enhancing Judicial Accountability in VAT MTIC Fraud Cases

Date: Mar 10, 2017

Synectiv Ltd v Revenue and Customs: Enhancing Judicial Accountability in VAT MTIC Fraud Cases Introduction The case of Synectiv Ltd v The Commissioners for Her Majesty's Revenue and Customs ([2017]...

Burden of Proof in VAT Abuse Allegations Following Hilden Park LLP v HMRC

Date: Mar 9, 2017

Burden of Proof in VAT Abuse Allegations Following Hilden Park LLP v HMRC Introduction The case of Hilden Park LLP v. Revenue and Customs ([2017] UKFTT 217 (TC)) is a significant judicial decision...

Re-defining Communication and Social Engagement in PIP Assessments: EG v. SSWP [2017] UKUT 101 (AAC)

Date: Mar 7, 2017

Re-defining Communication and Social Engagement in PIP Assessments: EG v. SSWP [2017] UKUT 101 (AAC) Introduction The case of EG v. Secretary of State for Work and Pensions (PIP) [(2017) UKUT 101...

Upper Tribunal Establishes Precedent on Article 3 ECHR Protection for Ukrainian Draft Evaders Facing Inhumane Detention Conditions

Date: Mar 7, 2017

Upper Tribunal Establishes Precedent on Article 3 ECHR Protection for Ukrainian Draft Evaders Facing Inhumane Detention Conditions Introduction In the landmark case of VB & Anor (Draft Evaders and...

Upper Tribunal Clarifies Tax Tribunal Jurisdiction Over Legitimate Expectations and Human Rights in HMRC Penalty Impositions

Date: Mar 3, 2017

Upper Tribunal Clarifies Tax Tribunal Jurisdiction Over Legitimate Expectations and Human Rights in HMRC Penalty Impositions Introduction In the case of R & J Birkett t/a Various Residential Homes v....

First-tier Tribunal Rules EBT Contributions Deductible Only When Incurred Wholly and Exclusively for Trade Purposes

Date: Feb 25, 2017

First-tier Tribunal Rules EBT Contributions Deductible Only When Incurred Wholly and Exclusively for Trade Purposes Introduction The case of Alway Sheet Metal Ltd, Praze Consultants Ltd, JC McCahill...

S v. Worcestershire County Council (SEN): Tribunal's Authority to Amend Outcomes in EHC Plans

Date: Feb 24, 2017

S v. Worcestershire County Council (SEN): Tribunal's Authority to Amend Outcomes in EHC Plans Introduction The case of S v. Worcestershire County Council (SEN) ([2017] UKUT 92 (AAC)) before the Upper...

Agyarko and Ikuga v Secretary of State for the Home Department: Establishing the "Insurmountable Obstacles" Standard in Immigration Law

Date: Feb 23, 2017

Agyarko and Ikuga v Secretary of State for the Home Department: Establishing the "Insurmountable Obstacles" Standard in Immigration Law Introduction The case of Agyarko and Ikuga v Secretary of State...

Defining Family Life and Weighing Private Interests in Immigration Law: Comprehensive Analysis of Upper Tribunal in Lama [2017] UKUT 16 (IAC)

Date: Feb 22, 2017

Defining Family Life and Weighing Private Interests in Immigration Law: Comprehensive Analysis of Upper Tribunal in Lama [2017] UKUT 16 (IAC) Introduction The case of Lama v Secretary of State for...

Establishing the Strict Standards for Malice in Malicious Prosecution: Insights from Juman v. The Attorney General [2017] UKPC 3

Date: Feb 21, 2017

Establishing the Strict Standards for Malice in Malicious Prosecution: Insights from Juman v. The Attorney General [2017] UKPC 3 Introduction Juman v. The Attorney General of Trinidad and Tobago &...

FA 1996 s.84(1) Prevails Over GAAP-Compliant Tax Avoidance Schemes: GDF Suez Teesside Ltd v. Revenue and Customs

Date: Feb 18, 2017

FA 1996 s.84(1) Prevails Over GAAP-Compliant Tax Avoidance Schemes: GDF Suez Teesside Ltd v. Revenue and Customs Introduction The case of GDF Suez Teesside Ltd v. Revenue and Customs ([2017] UKUT 68...

Bretby Hall Management Co Ltd v. Pratt: Clarifying Service Charge Recoverability and Cost Allocation

Date: Feb 18, 2017

Bretby Hall Management Co Ltd v. Pratt: Clarifying Service Charge Recoverability and Cost Allocation Introduction In the landmark case of Bretby Hall Management Company Ltd v. Pratt ([2017] UKUT 70...

No Estoppel by Convention in Absence of AGM Resolutions: Jetha & Anor v. Basildon Court Residents Company Ltd (2017)

Date: Feb 17, 2017

No Estoppel by Convention in Absence of AGM Resolutions: Jetha & Anor v. Basildon Court Residents Company Ltd ([2017] UKUT 58 (LC)) Introduction The case of Jetha & Anor v. Basildon Court Residents...

Protection of British Citizen Children in Immigration Decisions: The SF and Others Case

Date: Feb 17, 2017

Protection of British Citizen Children in Immigration Decisions: The SF and Others Case Introduction The Upper Tribunal (Immigration and Asylum Chamber) case titled SF and others (Guidance, post-2014...

H v Secretary of State for the Home Department: Upper Tribunal Reinforces Anxious Scrutiny in Internal Relocation Assessments under AA (Iraq)

Date: Feb 15, 2017

H v Secretary of State for the Home Department: Upper Tribunal Reinforces Anxious Scrutiny in Internal Relocation Assessments under AA (Iraq) Introduction The case of H v Secretary of State for the...

Implied Terms in Employment Contracts: Analysis of Ali v. Petroleum Company of Trinidad and Tobago

Date: Feb 14, 2017

Implied Terms in Employment Contracts: Analysis of Ali v. Petroleum Company of Trinidad and Tobago Introduction Ali v. Petroleum Company of Trinidad and Tobago ([2017] Bus LR 784) is a pivotal case...

Burden of Proof and Penalty Imposition for Accelerated Payment Notices: Insights from Nijjar v. HMRC [2017] UKFTT 175

Date: Feb 11, 2017

Burden of Proof and Penalty Imposition for Accelerated Payment Notices: Insights from Nijjar v. HMRC [2017] UKFTT 175 Introduction Nijjar v. Revenue and Customs is a significant judgment delivered by...

KC and MC v. Secretary of State for Work and Pensions: A New Precedent on Employment and Support Allowance Regulation 35

Date: Feb 11, 2017

KC and MC v. Secretary of State for Work and Pensions: A New Precedent on Employment and Support Allowance Regulation 35 Introduction The case of KC and MC v. Secretary of State for Work and Pensions...